BILL ANALYSIS �
AB 2282
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Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
AB 2282 (Gatto) - As Amended: April 24, 2014
SUBJECT : Building standards: recycled water infrastructure.
SUMMARY : Requires the Department of Housing and Community
Development (HCD) to research, develop and propose to the
California Building Standards Commission (CBSC) mandatory
building standards for the installation of recycled water
infrastructure in single-family and multi-family dwellings, and
requires CBSC to research, develop and adopt mandatory building
standards for the installation of recycled water infrastructure
in commercial and public buildings. Specifically, this bill :
1)Requires the HCD to conduct research to assist in the
development and adoption of mandatory building standards for
the installation of recycled water infrastructure for newly
constructed single-family and multifamily residential
buildings.
2)Requires the CBSC to conduct research to assist in the
development and adoption of mandatory green building standards
for the installation of recycled water infrastructure for
newly constructed commercial and public buildings.
3)Requires the HCD and the CBSC, in conducting this research, to
actively consult with the State Water Resources Control Board
(SWRCB), the State Department of Public Health (DPH), and
other interested parties, including public water systems,
recycled water producers, product manufacturers, local
building officials, apartment owners, certified contractors
and the building industry.
4)Requires the HCD and the CBSC to conduct research that
includes the following:
a) Potential outdoor applications for recycled water,
including drip and sprinkler irrigation and use in certain
aesthetic water features;
b) Potential indoor applications for recycled water,
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including use in toilets, washing machines, or both;
c) For indoor applications, considering whether to adopt or
recommend measures to ensure that indoor piping is safely
installed, including requiring purple pipe special markings
on recycled water piping that clearly states it is approved
for indoor use or recommending restrictions on who may
purchase or install recycled water piping for indoor use;
d) The cost of various recycled water systems and
infrastructure; and
e) The estimated quantity of water savings under varying
levels of application in commercial and public buildings,
residential buildings, and adjacent landscaping.
5)Authorizes the HCD and the CBSC to expend funds from the
Building Standards Administration Special Revolving Fund to
research, develop, and propose these building standards.
6)Requires the HCD to propose the adoption, amendment, or repeal
by the CBSC of mandatory building standards for installation
of future recycled water infrastructure for single-family and
multi-family residential buildings, and to submit these
proposed building standards to CBSC for consideration in the
2017 triennial building standards cycle.
7)Requires the CBSC to develop and adopt mandatory building
standards for the installation of future recycled water
infrastructure for commercial and public buildings in the 2017
triennial building standards code cycle.
8)Requires the HCD and the CBSC to limit the mandate to install
recycled water piping to only those areas within a local
jurisdiction that have feasible and cost-efficient access to a
water recycling facility, or that have been identified by the
local jurisdiction within a planned service area for the
provision of recycled water for which an implementation
timeline has been identified by the public water system, as
specified.
9)Requires the HCD and the CBSC to consider whether a service
area plans to provide potable water prior to mandating the use
of recycled water piping.
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10)Requires the HCD and the CBSC to consider the definitions for
"recycled water" as established in the California Code of
Regulations.
11)Requires the HCD and the CBSC to seek advice from DPH, the
Department of Water Resources, SWRCB, public water systems,
recycled water producers, and water research associations when
developing the application provisions for the mandatory
building standards.
12)Authorizes a city, county, or city and county, in
consultation with the public water system and recycled water
producer, to further reduce the area for which the mandate to
install recycled water piping applies, if the local public
water system or recycled water producer finds that providing
recycled water to an area is not feasible or cost effective.
EXISTING LAW
1)Establishes the CBSC within the Department of General
Services, under the California Building Standards Law, and
requires any building standard adopted or proposed by state
agencies to be submitted to, and approved by, the CBSC prior
to codification into the California Building Standards Code.
(Health and Safety Code (HSC) Section 18920, 18930)
2)Requires the HCD to propose the adoption, amendment, or repeal
of building standards to the CBSC for all hotels, motels,
lodging houses, apartment houses and dwellings. (HSC 17921)
3)Requires the CBSC to publish the California Building Standards
Code in its entirety once every three years, and its
supplements in intervening years. (HSC 18942)
4)Provides that building standards are effective 180 days after
publication by the CBSC and apply to any city or county that
does not amend, add, or repeal ordinances or regulations to
impose those standards or make changes or modifications to
those standards. (HSC 17958)
5)Authorizes a city or county to make changes or modifications
in building standards that are reasonably necessary because of
local climatic, geological, or topographical conditions upon
making certain findings and filing those findings with CBSC.
(HSC 17958, 17958.5, 17958.7)
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6)Provides that only those building standards approved by the
CBSC and that are effective at the local level at the time an
application for a building permit is submitted shall apply to
the plans and specifications for, and to the construction
performed under, that building permit. (HSC 18938.5)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the bill . This bill would require the HCD to
develop and propose to CBSC, and requires CBSC to develop and
adopt, mandatory building standards for the installation of
recycled water infrastructure for newly constructed buildings
to cost-effectively prepare residential, commercial and public
buildings to use recycled water. This bill would limit the
application of those standards to areas that have, or will
have, feasible and cost-effective access to a water recycling
facility, and would authorize local jurisdictions to further
reduce areas of application, as specified. This bill is
author sponsored.
2)Author's statement . According to the author, "Though recycled
water plays a crucial role in the water plans of most
California cities, there has been little effort in preparing
the commercial and residential building stock for
recycled-water use. Buildings can only use recycled water if
they have a second set of plumbing, called 'purple pipes,'
dedicated to recycled water. It is difficult for local water
agencies to finance large recycled-water projects when
buildings must undergo expensive retrofits in order to use the
water. Conversely, the cost of installing dual plumbing for
certain fixtures during construction is minimal."
"[T]his bill requires the [HCD] and the [CBSC], in consultation
with the Department of Water Resources, to develop mandatory
standards for recycled-water infrastructure. In developing
the standards, HCD and BSC shall consider potential indoor and
outdoor applications for recycled water. They shall
specifically consider the cost of various recycled-water
infrastructure, the potential regulation of purple pipe
purchase and installation, and the estimated quantity of water
savings under varying levels of application of recycled
water."
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"Once standards are adopted, cities with access to recycled
water, or with plans to construct recycled-water facilities,
will be required to adopt these building standards for all new
construction."
3)Recycled water . According to the author, water scarcity has
long been a concern for Californians. The state has committed
in its "20x2020 Water Conservation Plan" to a 20% reduction in
per capita water use by 2020. With another drought officially
declared in January, cities and counties across the state are
working even harder to develop innovative water solutions to
compensate for shrinking snow packs and long-term declines in
precipitation."
Recycled water has been a popular option for many cities seeking
an alternative to imported water. In several cities, recycled
water has already been approved for irrigation and other
non-potable uses. In 2009, 669,000 acre-feet of treated
municipal wastewater was beneficially rescued in California,
and 51 out of 58 counties have identified recycled water
projects in their water plan updates (CA Water Plan 2013
Update, Chapter 12). However, building standards do not
currently require installation of recycled water
infrastructure, and as a result, do not prepare the state to
accommodate this growing use of recycled water.
4)Building standards for the use of recycled water . Current
water distribution systems utilize three pipelines: one for
drinking water delivery, one for wastewater collection, and
one for distribution of recycled water, which keeps recycled
water completely separate from drinking water. Existing law
requires pipes that are designed to carry recycled water to be
colored purple or distinctively wrapped with purple tape, and
the California Plumbing Code, which is part of the California
Building Standards Code, requires buildings to install an
additional set of plumbing ("purple pipes") in order to use
recycled water.
Building standards for residential and non-residential buildings
do not currently require the installation of recycled water
infrastructure. However, any builder or developer may design
a residential or nonresidential building to include the
installation of recycled water plumbing, as long as a local
jurisdiction permits and inspects the installation to meet the
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California Plumbing Code. In addition, while the California
Green Building Standards Code has measures relating to
recycled water infrastructure, these measures are only
voluntary, unless adopted by a city, county, or city and
county.
This bill would require the HCD and CBSC to develop and adopt,
or propose to be adopted, mandatory building standards for the
installation of recycled water infrastructure, but only in
those areas with existing or anticipated access to water
recycling facilities. A recycled water building standard
focused on new construction is preferred because it is more
cost-effective to install dual plumbing at a project's outset
than to retrofit a building for recycled water use. It would
also preserve local authority by authorizing cities and
counties to exclude areas that would not be feasible or cost
effective to provide recycled water, as identified by the
local public water system or recycled water producer.
5)Arguments in support . The California Building Industry
Association (CBIA) writes in support, "?"[T]here needs to be
an acceptable and uniform minimum standard that addresses when
and where recycled water infrastructure should be
installed?.[This bill] is an important measure which would
help California communities develop new water sources for the
future and reduce reliance on imported water."
The California State Pipes Trades Council writes in support,
"Installing recycled water systems during initial construction
is efficient because installation at that time is
substantially cheaper than retrofitting a building in the
future. In addition, the availability of pre-plumbed
developments in planned service areas will help create the
demand for recycled water necessary to ensure that planned
recycled water facilities are able to obtain financing and are
actually built?.Requiring buildings to be pre-plumbed for the
use of recycled water will [also] help reduce [health and
safety] risks, by ensuring that these systems have been
properly installed and labeled at the time of building
construction."
The U.S. Green Building Council, California, also writes in
support, "[This bill] will greatly aid in . . . putting fresh,
potable water to its best use and employing recycled water for
other uses . . . . [This bill] will spark a transformation in
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how well buildings use water, and will literally create the
basic plumbing for a new generation of innovative filtration
and storage products. It is a far-sighted bill that addresses
a long-term problem."
6)Previous legislation . AB 1092 (Levine), Chapter 410, Statutes
of 2013, required the CBSC, commencing with the next triennial
edition of the California Building Standards Code, to adopt,
approve, codify and publish mandatory building standards for
the installation of future electric vehicle charging
infrastructure for parking spaces in multifamily dwellings and
nonresidential development.
SB 518 (Lowenthal), Chapter 622, Statutes of 2010, required the
CBSC to adopt, as specified, nonresidential building standards
for graywater systems for indoor and outdoor use.
SB 1258 (Lowenthal), Chapter 172, Statutes of 2008, required HCD
to adopt and submit to the BSC for approval building standards
for the construction, installation, and alteration of
graywater systems for indoor and outdoor use in residential
occupancies.
7)Double-referral . This bill was heard by the Assembly Committee
on Housing and Community Development on April 9, 2014, and
approved by a (7-0) vote.
REGISTERED SUPPORT / OPPOSITION :
Support
California Apartment Association
California Building Industry Association (CBIA)
California State Pipe Trades Council
City of Burbank
Environment California
Nexus eWater, Inc.
Sierra Club California
U.S. Green Building Council, California
Opposition
None on file.
Analysis Prepared by : Girard Kelly / B.,P. & C.P. / (916)
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